Classification of
Contracts
Preeti Kana Sikder
Lecturer
Department of Law & Justice
Jahangirnagar University
Section 9: Promises, express
and implied
In so far as the proposal or
acceptance of any promise is
made in words, the promise is
said to be express.
In so far as such proposal or
acceptance is made otherwise
than in words, the promise is said
to be implied.
Classification regarding mode
of creation
Express
Contract
Implied
Contract
Express Contract
When the proposal or acceptance
of any promise is made in words,
the contract is deemed to be an
express contract.
It can be of two types:
Written Contract;
Oral Contract.
Implied Contract
When the proposal or acceptance is
made otherwise than in words, it is
deemed to be an implied contract.
Think of an example…
Implied Contract
When the proposal or acceptance is
made otherwise than in words, it is
deemed to be an implied contract.
A shoe shiner starts polishing the
shoes of a person standing before him
and that person allows him to do so
keeping his silence.
Classification regarding
enforceability and validity
Chapter
II of
Contract
Act
Classification regarding
enforceability and validity
Valid Contract
Void contract
Voidable Contract
Valid Contract
An agreement enforceable by law.
Section 10 of the Contract Act reads:
All agreements are contracts if they are
made by the free consent of parties
competent to contract, for a lawful
consideration and with a lawful object,
and are not hereby expressly declared
to be void.
Void Contract
Section 2 (j) reads: A contract which
ceases to be enforceable by law
becomes void when it ceases to be
enforceable.
Two stages of declaring a contract to
be void:
There shall be a valid contract in the
beginning
It must cease to be enforceable by law
Voidable Contract
 Section 2 (i) reads: An agreement which is
enforceable by law at the option of one or more of the
parties thereto, but not at the option of the other or
others, is a voidable contract.
 A contract has to be enforceable at first, then if it can
be set aside by one or more of the parties.
 Upon which party the power of validating or
dismissing the agreement can rest upon will be
determined by law.
 The status of a voidable contract is temporary, either
it becomes a valid contract or void agreement.
What is a Void Agreement?
Void ab initio
Your task for next class

Classification of Contract

  • 1.
    Classification of Contracts Preeti KanaSikder Lecturer Department of Law & Justice Jahangirnagar University
  • 2.
    Section 9: Promises,express and implied In so far as the proposal or acceptance of any promise is made in words, the promise is said to be express. In so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
  • 3.
    Classification regarding mode ofcreation Express Contract Implied Contract
  • 4.
    Express Contract When theproposal or acceptance of any promise is made in words, the contract is deemed to be an express contract. It can be of two types: Written Contract; Oral Contract.
  • 5.
    Implied Contract When theproposal or acceptance is made otherwise than in words, it is deemed to be an implied contract. Think of an example…
  • 6.
    Implied Contract When theproposal or acceptance is made otherwise than in words, it is deemed to be an implied contract. A shoe shiner starts polishing the shoes of a person standing before him and that person allows him to do so keeping his silence.
  • 7.
    Classification regarding enforceability andvalidity Chapter II of Contract Act
  • 8.
    Classification regarding enforceability andvalidity Valid Contract Void contract Voidable Contract
  • 9.
    Valid Contract An agreementenforceable by law. Section 10 of the Contract Act reads: All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.
  • 10.
    Void Contract Section 2(j) reads: A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable. Two stages of declaring a contract to be void: There shall be a valid contract in the beginning It must cease to be enforceable by law
  • 11.
    Voidable Contract  Section2 (i) reads: An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract.  A contract has to be enforceable at first, then if it can be set aside by one or more of the parties.  Upon which party the power of validating or dismissing the agreement can rest upon will be determined by law.  The status of a voidable contract is temporary, either it becomes a valid contract or void agreement.
  • 12.
    What is aVoid Agreement?
  • 13.
    Void ab initio Yourtask for next class